Terms and Conditions
TERMS AND CONDITIONS
This Agreement is entered into between the Customer (“Customer”) and GoSwift Logistics, a limited liability company registered in Babylon (“GoSwift”). By agreeing to these terms, the Customer and GoSwift are collectively referred to as the “Parties” or individually as a “Party.”
Parties:
The Customer may be a Shipper, Consignee, authorized Property Broker, or authorized Freight Forwarder of goods that it intends to have transported by GoSwift. GoSwift is registered as a transportation freight broker with the FMCSA under docket number MC-405289, located at Ali Asad MBR, 16 Platt Ave, Babylon, NY 11704. GoSwift is not a Motor Carrier, Common Carrier, or Contract Carrier as defined in USC Title 42. GoSwift contracts with various freight carriers (“Carriers”) to arrange transportation of the Customer’s goods in interstate and foreign commerce. GoSwift reserves the right to refuse any shipment at its sole discretion.
Tariffs; Terms and Conditions of Carrier:
In the event of any conflict between this Agreement and the applicable carrier’s tariff, this Agreement shall take precedence in governing the rights and obligations of the Parties. The Customer is responsible for reviewing and requesting applicable tariffs from the designated carrier. GoSwift is not obligated to provide these tariffs or any related information to the Customer.
Bills of Lading:
The Customer must use GoSwift’s system-generated Bill of Lading (“BOL”). The Customer shall ensure all documents required for transportation are completed accurately. If the Customer fails to do so, GoSwift may, at its discretion, correct or complete the documents, though it is not obligated to do so. If a substitute BOL is needed to complete delivery and GoSwift generates the document, its terms will apply, and GoSwift will be exempt from liability for actions taken on the Customer’s behalf, including negligence. All BOLs are non-negotiable and must be prepared in accordance with the Customer’s instructions.
Customer Representations and Warranties to GoSwift:
The Customer represents that it will comply with all applicable laws and regulations, including those concerning customs, import/export laws for shipments crossing international borders. The Customer agrees to provide all necessary information and documentation to ensure compliance. Any individual acting on behalf of the Customer must have the right to do so and bind the Customer legally. GoSwift is not liable for any loss due to non-compliance, and the Customer agrees to indemnify GoSwift for any resulting claims or damages, including attorney fees.
Payment:
All charges are due in US Dollars, payable 15 days from the date of delivery or within 15 days after the reasonable delivery time has elapsed, without deductions. Past due invoices will incur a 1.5% monthly charge on the outstanding balance. Payments will be applied to the oldest invoice. If overdue invoices are sent to collections, the Customer agrees to cover all collection costs, including attorney’s fees.
Credit Approval:
Payment terms and credit limits are subject to GoSwift’s credit approval, which may change at GoSwift’s discretion. GoSwift may perform credit checks on the Customer. For credit card or electronic payments, the Customer authorizes GoSwift to charge the relevant account for any charges. Where permitted by state law, a surcharge may apply for credit card payments.
Determination of Charges:
The Customer is responsible for all charges related to the shipment, including transportation, fuel, accessorial charges, and any additional carrier fees, customs, duties, taxes, or fines. GoSwift reserves the right to adjust charges if the initial quoted amount was based on incorrect information, if additional services are required, or if the Customer authorized actions outside the terms of the BOL. Disputes regarding invoices must be written and submitted within 30 days of the invoice date.
Lien:
GoSwift has a lien on the shipment for all sums owed by the Customer, and reserves the right to notify third parties of any asserted liens.
Claims and Limitations of Liability:
GoSwift is not responsible for any loss, damage, misdelivery, or non-delivery due to: (i) actions or omissions by the carrier or Customer, (ii) defects in the shipment, (iii) violations by the Customer of this Agreement or BOL, (iv) acts of God, war, strikes, or other events beyond GoSwift’s control, (v) mechanical failure or delays, or (vi) selection of the carrier. The risk of loss due to GoSwift’s alleged liability is limited to the fees earned for the shipment. GoSwift will not be liable for negligent acts unless such acts constitute gross negligence.
Insurance:
The Customer should rely on its own insurance or that provided by the carrier for goods in transit. GoSwift has no liability for damages unless it is specified in the terms of the shipment. GoSwift can assist in filing claims but has no responsibility for the outcome. GoSwift offers optional Shippers Interest Contingent Cargo Liability Insurance, which is available for purchase by the Customer.
Disclaimer of Warranties:
Except as stated in this Agreement, GoSwift makes no warranties, express or implied, regarding shipments, goods, or services. GoSwift cannot guarantee specific delivery times and is not liable for any special, incidental, or consequential damages, including loss of profits.
Rates:
Rates for LTL, TL, and other services are based on factors such as weight, volume, and the type of service selected. Additional fees may apply for factors like detention or driver assistance. All transit times are estimates, and pickup dates are not guaranteed.
Guaranteed Services:
GoSwift offers guaranteed LTL services for an additional charge, but transit times are estimates and may exclude holidays or “no service” days. Claims for failure to meet guaranteed delivery times must be submitted within 14 days of the actual delivery date.
Attorneys’ Fees:
In any legal proceedings between the Parties regarding this Agreement, the prevailing Party is entitled to recover its reasonable attorney’s fees and costs.
Binding Nature of Agreement; Assignment:
This Agreement is binding on the Parties and their successors. No Party may assign its rights or obligations without prior written consent from the other Party.
Headings:
The headings in this Agreement are for reference only and do not affect the interpretation of its terms.
Execution:
This Agreement is binding upon GoSwift’s receipt of the Customer’s acknowledgment of acceptance, either via GoSwift’s web page, BOL execution, or other acknowledgment by the Customer.
No Other Parties to Benefit:
This Agreement is made solely for the benefit of the Parties and their successors and assigns, and no third parties shall have any rights under it.
Remedies:
In the event of a breach, the non-breaching Party has the right to pursue all legal and equitable remedies available under this Agreement.
Construction:
This Agreement reflects the mutual intent of the Parties, and no strict construction will be applied against either Party.
Governing Law; Forum; Venue:
This Agreement will be governed by the laws of the State of Texas, and any disputes will be resolved in the appropriate court in Dallas County, Texas.
Modification and Waiver; Complete Agreement:
No amendment or waiver of this Agreement will be valid unless in writing, signed by both Parties. This Agreement supersedes all prior agreements between the Parties.
Materiality:
All covenants, representations, and warranties in this Agreement are material and relied upon by the Parties.
Severability; Integration:
If any provision of this Agreement is unenforceable, it will not affect the validity of the other provisions. This Agreement represents the full understanding between the Parties.
Additional Instruments and Acts:
The Parties agree to execute any additional documents or take any further actions needed to carry out the intent of this Agreement.
Interpretation:
In this Agreement, singular terms include the plural, and references to gender include all genders. The term “writing” includes all forms of document reproduction.
Authority:
Each signatory warrants that they have the authority to enter into this Agreement on behalf of the respective Party.
